UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

____________________________________) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) Civil Action No. 12-0259 (ABJ) ) FUNDS UP TO AND INCLUDING THE ) AMOUNT OF $56,634 IN U.S. ) CURRENCY ON DEPOSIT IN ) BANESCO INTERNATIONAL, ) PANAMA, ACCOUNT #201000274785, ) TITLED IN THE NAME OF ) INVERSIONS CEDENO C.A., AND/OR ) PROPERTY TRACEABLE ) THERETO, et al., ) ) Defendants. ) ____________________________________)

MEMORANDUM OPINION Pending before this Court is plaintiff Un ited States of America’s motion for default judgment pursuant to Federal Rule of Civ il Procedure 55(b)(2) against defendant in rem Funds up to and Including the Amount of $177,784.47, in U.S. Currency on Deposit in HSBC Bank, Panama, Account #0100167908, Titled in the Name of Baguta Zona Libre S.H., and/or Property Traceable Thereto (“defendant bank account”). Pl .’s Mot. for Default J. (“Pl.’s Mot.”) [Dkt # 37]. Plaintiff filed a verified complaint in the instant case, seeking civil forfeiture of several bank accounts pursuant to 18 U.S.C. §§ 981(a)(1)(A), 984. Compl. [Dkt. # 3]. Following the procedures set forth in the Supplemental Ru les for Certain Admiral ty or Maritime Claims and Asset Forfeiture Actions (“Suppl emental Rules”) that govern in rem forfeitures, plaintiff provided direct notice to Baguta Zona Libre, S.A. (“Baguta”), the only known entity to have a2 claim or legal interest in the defendant bank account. See Pl.’s Apr. 19, 2013 Status Report at 2 [Dkt. # 20]; Pl.’s Mot. ¶ 4; see also Supplemental Rules G(4)(b). Baguta responded and initially opposed the forfeiture action, but subsequently w ithdrew its claim to de fendant bank account on July 31, 2013. Unopposed Mot. to Withdraw Claim [Dkt. # 33]; Pl.’s Mot. ¶¶ 6–9. Plaintiff also published notice of the forfeiture action on the government forfeiture website www.forfeiture.gov for thirty consecutiv e days, starting on April 20, 2013, satisfying the notice requirements set by Supplemental Rule G( 4)(a). Service by Publication [Dkt. # 26]; Pl.’s May 16, 2013 Status Report at 2 [Dkt. # 21]; see also Pl.’s Mot. ¶ 9; Supplemental Rule G(4)(a)(iv). No additional party has come forw ard to claim an intere st in defendant bank account, and the time for filin g a claim has expired. See Supplemental Rule (G)(5)(a)(ii).

Defendant bank account remains unclaimed and undefended. Plaintiff moved for an entry of default agai nst defendant bank account, which the clerk granted pursuant to Federal Rule of Ci vil Procedure 55(a) on August 29, 2013, see Clerk’s Entry of Default [Dkt. # 36], and then requested that this Court enter default judgment. After a default has been entered, a court may enter a default judgment order pursuant to Rule 55(b). “The determination of whether default judgment is appropriate is committed to the discretion of the

trial court.” Int'l Painters & Allied Trade s Indus. Pension Fund v. Auxier Drywall, LLC , 531 F. Supp. 2d 56, 57 (D.D.C. 2008), citing Jackson v. Beech , 636 F.2d 831, 836 (D.C. Cir. 1980). Upon entry of default by the clerk of the court, the “defaulting defendant is deemed to admit every well-pleaded allegation in the complaint.” Int'l Painters & Allied Trades Indus. Pension Fund v. RW Amrine Drywall Co., Inc. , 239 F. Supp. 2d 26, 30 (D.D.C. 2002) (internal citation omitted). “Although the default establishes a defendant’s liability, the court is required to make an independent determination of the sum to be awarded unless the amount of damages is